Aged Care Entertainment Options: Reading the Fine Print
There’s been some confusion about using entertainment services like Foxtel and Swift Networks in common areas of aged care facilities. While these companies offer great content, it’s important to know about the legal requirements, especially when it comes to public screenings of movies or TV shows in lounges or shared spaces.
This post explains the licensing rules around using these services in common areas and why aged care facilities need to follow them to avoid legal trouble.
The Rise of Aged Care Entertainment Providers
In recent years, services like Foxtel and Swift Networks have become popular in aged care homes. They provide entertainment that helps improve the quality of life for residents. While Foxtel has been around for a long time, Swift Networks is a newer company but has grown quickly in the aged care sector.
With Swift Networks reporting a 349% growth in aged care facilities, it’s clear that there’s a big demand for these services. However, using these services in the wrong way, such as in common areas without proper licensing, can be a problem.
The Issue with Licensing: Foxtel's Terms and Conditions
Here’s where things get tricky. Some aged care facilities have been told by Foxtel that they don’t need a special licence (called The Big Studio Movie Licence) to show content in common rooms. But this isn’t true. According to Foxtel’s own terms and conditions, if a facility wants to show movies or TV shows in a public area like a lounge, they must have a public performance licence.
Foxtel’s official terms state:
“You must obtain and pay for any necessary copyright licences from any Collecting Society in relation to the public performance of the Service at the Commercial Premises.”
This means that aged care facilities using Foxtel need to make sure they have the right licence for public screenings in shared spaces, even if they’ve been told otherwise.
Swift Networks: Similar Rules
Swift Networks has similar rules, although they’re worded differently. According to their terms and conditions, Swift’s service is only meant to be used in individual rooms and not in public areas like lounges or activity rooms.
Their terms say:
“The Services will only be used for its intended use within in-room accommodation environments and not in any licensed areas...”
This means that aged care facilities shouldn’t be using Swift Networks’ content in common areas unless they have the proper permissions, which would likely require a separate licence.
Why Public Performance Licences Matter
Showing movies or TV shows in a shared space like a lounge is considered a “public performance.” For this, aged care facilities need a special licence, like The Big Studio Movie Licence, which is not included in the regular subscription to Foxtel or Swift Networks.
If aged care facilities don’t have this licence and still show content in common areas, they can get into legal trouble, including fines. It’s important for facilities to make sure they have the right licences in place to avoid these problems.
Our Attempts to Clear Up the Misinformation
Over the years, we’ve tried to reach out to both Foxtel and Swift Networks to address the misinformation surrounding these licences. We’ve made several efforts to get them to clarify things, but so far, we haven’t had much luck. Our goal is to ensure that aged care facilities get the right information and avoid any legal issues.
What Aged Care Facilities Should Do
To stay on the safe side, aged care facilities should take these steps when offering entertainment in common areas:
- Check the Rules: Read the terms and conditions of your content provider carefully to see if you need an extra licence.
- Get the Right Licence: If you’re planning to show movies or TV shows in a common area, make sure to get the proper licence, like The Big Studio Movie Licence.
- Ask for Clarification: If you’re unsure, ask the provider directly in writing to confirm what licences you need.
- Keep Records: Save any emails or documents about licensing and make sure you have copies of any licences you get.
By following these steps, aged care facilities can provide great entertainment to residents while staying within the law.
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